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RULE 5.8 | SPECIAL PROCEDURAL AND FILING REQUIREMENTS APPLICABLE TO HABEAS CORPUS INVOLVING THE DEATH PENALTY

(A) In habeas corpus cases involving the death penalty, it is the responsibility of the party who first makes reference in a pleading or instrument to a deposition or an exhibit to:
(1) Obtain either the original or a certified copy of that deposition and include that deposition or exhibit as an exhibit to their pleading or instrument; or

(2) To file a certificate indicating why the deposition or exhibit is not included as an exhibit to the pleading or instrument.
(B) It is the responsibility of the party offering for filing any portion of a prior state or federal court record or transcript to:
(1) Obtain from the Clerk’s office a habeas corpus checklist and review the various phases of court proceedings identified on the checklist.

(2) Review each prior state or federal court record to be submitted and identify, within each record, the first page of every portion of the submitted record identified on the checklist, using the colored tabs and numbering scheme as indicated below:
(a) Petitioner shall use red index tabs and shall sequentially number the index tabs commencing with the number “P-1,” “P-2,” etc.

(b) Respondent shall employ blue index tabs and shall sequentially number the index tabs commencing with the number “R-1,” “R-2,” etc.

(c) Amicus curiae or other parties permitted to intervene or otherwise participate shall employ green index tabs and shall sequentially number the index tabs commencing with the number “X-1,” “X-2,” etc.
(3) Cross-reference the index tab number to the checklist.

(4) File a completed checklist concurrently with the filing of the first pleading or instrument which makes reference to any portion of a prior state or federal court record or transcript.

(5) Serve a copy of the checklist on all parties and file a certificate of service along with the checklist, indicating service upon all parties.
(C) In order to facilitate the timely and efficient processing of habeas corpus capital cases, checklists and index tabs may be obtained in advance of filing from the Clerk’s office.

Congratulations! You're now booked up on USFLND Local Rule 5.8 (ND Fla. Loc. R.)!

You might need to reference it during your pursuit of justice.

For instance, you might need to understand certain local rules to recover from the damages that lawbreaking judges/lawyers have inflicted upon you (see this example of a Florida judge who outright committed perjury).

As always, please get the justice you deserve.

Sincerely,



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